La. Admin. Code tit. 28 § CXXXIX-2905
Current through Register Vol. 50, No. 11, November 20, 2024
Section CXXXIX-2905 - Criminal History ReviewA. Each charter operator shall request in writing that the Louisiana Bureau of Criminal Identification (LBCI) and Information supply information to ascertain whether an applicant for employment as a teacher, substitute teacher, school bus operator, substitute school bus operator, janitor, or any other school employee who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children, has been convicted of, or pled nolo contendere to, any one or more of the crimes enumerated in R.S. 15:5871.1.1. The request must be on a form prepared by the bureau and signed by a responsible officer or official of the charter operator making the request.2. The form must include a statement signed by the person about whom the request is made which gives his or her permission for such information to be released and must include the person's fingerprints in a form acceptable to the LBCI. B. No person who has been convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1 shall be hired by a public elementary or secondary school as a teacher, substitute teacher, school bus operator, substitute school bus operator, janitor, or as any school employee who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children unless approved in writing by a district judge of the parish and the parish district attorney. 1. This statement of approval shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer.C. The charter operator shall dismiss any teacher or any other school employee having supervisory or disciplinary authority over school children, if such teacher or other employee is convicted of, or pled nolo contendere to, any crime listed in R.S. 15:587.1(c) except R.S. 14:74.D. A charter operator may reemploy a teacher or other school employee who has been convicted of, or pled nolo contendere to, a crime listed in R.S. 15:587.1(c), except R.S. 14:74, only upon written approval of the district judge and the district attorney of the parish or upon written documentation from the court in which the conviction occurred stating that the conviction has been reversed, set aside, or vacated. 1. Any such statement of approval of the judge and the district attorney and any such written documentation from the court shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer.La. Admin. Code tit. 28, § CXXXIX-2905
Promulgated by the Board of Elementary and Secondary Education in LR 34:1375 (July 2008), amended LR 37:875 (March 2011), LR 39:3068 (November 2013), Amended LR 44245 (2/1/2018), Amended LR 442134 (12/1/2018).AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), 17:3981, and 17:3991.